These terms and conditions are incorporated and part of the rental Order, together representing the rental agreement between Pro Photo Supply, Inc. (“Pro Photo Supply”) and yourself (“Renter”) of the items described on the Order (the “Equipment”).
Binding Terms and Conditions
THESE TERMS AND CONDITIONS, ALONG WITH THE ORDER, SET FORTH THE COMPLETE AND EXCLUSIVE TERMS OF THE AGREEMENT BETWEEN RENTER AND PRO PHOTO SUPPLY AND MAY NOT BE CHANGED EXCEPT IN A WRITING SIGNED BY PRO PHOTO SUPPLY’S PRESIDENT.
Reservation / Cancellation
Equipment is rented on first-come, first-served basis. Reservations may be placed up to 60 days in advance and must be cancelled through the rental department at least 24 hours in advance or Renter will be charged rent for the period reserved.
Rental rates are daily and begin at 9 a.m. the day the Equipment is available or is in route to Renter, and end at 10:00 a.m. on the due date. The rental rate on the Order shall control. The maximum rent for a seven-day period is four times the daily rental rate and for a 30-day period is 16 times the daily rental rate.
Late Return Fee
Pro Photo Supply relies upon the due date in leasing Equipment to others. If Renter returns the Equipment late, then, without regard to the “maximum rent” provision above, Renter will be charged the daily rental rate for the day it is due and each day thereafter until the Equipment is returned, and any lost rental income.
A deposit equal to the estimated replacement cost of the Equipment is required for customers without an established credit account, or as Pro Photo Supply otherwise requires. The deposit will be in the form of cash or an “Account Hold” on a credit card and satisfactory photo identification. The “Account Hold” will hold funds in the amount of the deposit for seven to ten days.
Use of Equipment and Instruction Manual Policy
Renter shall operate Equipment in a professional manner and in accordance with the manufacturer’s instructions. Instruction manuals are provided upon request and will be charged for if not returned with the Equipment. Renter’s acceptance of the Equipment confirms that Renter has inspected the Equipment and that it is in good working order, functions as expected, and is free of defects, unless noted in writing on the Order.
Loss or Damage
Renter is responsible for all risk of loss while Equipment is in possession of, or in route to, Renter. In addition to any lost rental income, Renter will pay the full replacement cost of Equipment not returned (including if lost or stolen) or damaged beyond repair.
Renter must obtain insurance coverage on Equipment unless Renter has an established credit account and Pro Photo Supply has waived this requirement in writing. The insurance must be all risk, equal to the replacement cost of the Equipment, the primary insurance for the Equipment, and name Pro Photo Supply as a “loss payee.” Pro Photo Supply may require proof of insurance at any time.
Shipment of the Equipment, at Renter’s expense, can be arranged and will be “next day air” unless other arrangements are made. Risk of loss transfers to Renter when the Equipment leaves Pro Photo Supply’s premises and continues until it is returned to Pro Photo Supply. Pro Photo Supply is not responsible for timely delivery; Renter should allow for delays in scheduling any shipments.
"Try before you buy" Policy
If Renter purchases substantially similar new and in stock Equipment from Pro Photo Supply within six business days of a rental, Pro Photo Supply will credit one day’s rental rate against the purchase price.
Spare Bulb and Battery Policy
Spare modeling lamps and flashtubes are provided upon request and without charge so long as any inoperative lamp or flashtube is returned. Renter should carry spare batteries. Charged batteries will be provided, but are not guaranteed. Renter will be charged for any missing or damaged lamps, flashtubes, or batteries.
Disclaimer of Warranty/Limitation of Remedies
PRO PHOTO SUPPLY REPRESENTS AND WARRANTS THAT IT HAS THE AUTHORITY TO RENT THE EQUIPMENT AND THAT THE EQUIPMENT AS DESCRIBED ON THE ORDER. EXCEPT AS EXPRESSLY STATED HEREIN, PRO PHOTO SUPPLY MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE CONDITION OR OPERATION OF RENTED EQUIPMENT AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING THE WARRANTY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
RENTER SHALL HAVE NO CLAIM FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AMOUNTING FROM THE EQUIPMENT; RENTER’S EXCLUSIVE REMEDY SHALL BE RETURN OF ALL OR A PORTION OF THE RENT PAID BY RENTER. RENTER SHALL INDEMNIFY AND HOLD PRO PHOTO SUPPLY HARMLESS FROM ANY CLAIM RELATING TO THE EQUIPMENT.
Pro Photo Supply may recover unreturned Equipment from Renter. If Pro Photo Supply engages an attorney, or files suit to recover the Equipment or any amount due, Renter shall reimburse Pro Photo Supply for reasonable attorneys’ fees and court costs, including those on appeal. This Agreement is governed by Oregon law, without regard to its conflict of laws provisions. Venue for any proceeding arising out of or related to this Agreement or the rental of the Equipment lies exclusively in Multnomah County, Oregon, and all parties stipulate to the personal jurisdiction of such court and waive any right to remove or transfer the proceeding to any other court or venue.